KNOW YOUR RIGHTS
On the 28 June a major new piece of legislation was introduced; the Police, Crime, Sentencing and Courts Act 2022. Whilst introducing some well known laws such as the ability to arrest protesters who are causing major disruption, a few pieces of road traffic law have been passed which could have wide-ranging consequences.
In this month’s edition we examine those changes and what they could mean for professional drivers.
If you need any advice on motoring matters, email
advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice.
CAUSING DEATH BY DANGEROUS DRIVING
The first change, and probably the one that was most well reported, has been the increase in sentence to life imprison- ment for causing death by dangerous driving and causing death by careless driving whilst under the influence of drink or drugs. Previously the maximum sentence was 14 years.
The minimum period of disqualification has also increased from two years to five years.
Whilst this may seem harsh, the most important thing to remember is that it is an increase of the maximum only, not the minimum or even the starting point.
This means that it will only affect the most severe cases. We are not going to be seeing people sent to prison for life in every case, this is reserved only for the most serious cases – for example where people are involved in a police chase and kill somebody, or where someone uses a vehicle as a weapon with intent to cause harm.
When all that’s considered, it’s unlikely that too many people are going to be upset by this increase. Previously it has always been difficult for the police to prosecute where people use their vehicle as a weapon to try to deliberately hurt someone, because if the prosecution charged someone with dangerous driving, the maximum they could get was 14 years in prison, so they would have to try to make a general criminal charge fit, such as GBH or attempted murder. It wasn’t easy.
This should make things easier for the police. They can simply charge with dangerous driving and push for the maximum sentence.
CAUSING SERIOUS INJURY BY DANGEROUS DRIVING
This change is one that was quietly brought in and hasn’t been well reported at all. However, it is probably the change
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that could potentially have the widest ranging consequences and affect professional drivers the most.
It is the introduction of a brand new offence of causing serious injury by careless driving.
Previously if someone had driven badly and serious injury was caused (serious injury is to the standard of GHB – so broken bones or broken skin causing loss of blood), there were potentially two charges that the police could utilise – either careless driving or causing serious injury by danger- ous driving.
The starting point would be to consider the standard of driving. If the driving fell below that of a careful and compet- ent driver in the circumstances, then it would be careless only, regardless of the injury. The offence of driving without due care and attention (careless driving) carries 3-9 points or a discretionary ban. Injury would then just be a factor to consider when assessing the number of points to be given to the driver.
But, if the standard of driving fell far below that of a careful and competent driver AND was obviously dangerous (in reality this means some deliberate act or just idiotic driving) then the police would prosecute for causing serious injury by dangerous driving, which carries a prison sentence in the majority of cases as well as a minimum two-year disqualifi- cation.
Whilst this seems like a huge disparity in sentence, to us this made perfect sense. If there was a complete accident and you accidentally injure someone, yes the consequences are bad but should a professional driver really lose their liveli- hood because of it? No. You should get points – a warning not to do it again.
Whereas if you drive like an idiot and seriously injure some- one – then yes, you deserve to be banned and even sent to prison.
It made sense.
But now if you drive carelessly, and accidentally injure some- one, the police can prosecute with this new offence of causing serious injury by careless driving. This offence carries a MINIMUM 12-month ban, and potentially prison!
To put that into context, let’s say that you turned right into a junction but didn’t see a cyclist oncoming, you knocked him off and he cut his leg; or you accidentally drove into the back of someone and they suffered a hairline fracture of their arm (minor offences), previously these would carry 4/5/6 penal- ty points. Now, they could potentially carry a minimum 12- month ban with prison.
AUGUST 2022
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